Columbus businesses, health advocates fired-up over proposed smoking ban

A proposed city ordinance that would make Columbus a smoke-free city has fired up people on both sides of the debate.

Proponents and opponents swarmed a Columbus Council meeting earlier this week for the first reading of the legislation.

Among the opponents were local entrepreneurs who said the smoking ban would negatively impact their businesses and the Uptown social scene. The group included Saad Ahmed, of Crowne Hookah Restaurant and Lounge on Broadway; Alvin Chance, of the Martini’s nightclub on Broadway; and David Carson, of the Soho Bar and Grill on Milgen Road.

Proponents were health advocates who highlighted the deleterious effects of second-hand smoke. That group included representatives from Breathe Easy Columbus, the American Heart Association and Americans for Nonsmokers’ Rights.

Buddy Nelms, owner of The Loft, spoke in favor of the ordinance, sharing his positive experience running a smoke-free business.

Attorney Clifton Fay drafted the ordinance after a Jan. 31 council work session, at which Breathe Easy pushed for a smoke-free city. Mayor Pro-Tem Evelyn Turner Pugh and Councilors Judy Thomas, Bruce Huff and Evelyn “Mimi” Woodson asked Fay to draft a proposed document.

Javien Garcia, chief investigator for the Atlanta Judicial Circuit, spoke on behalf of the 18th Amendment Cigar Shop on Broadway. He said Columbus is ahead of Atlanta and other cities throughout the state in terms of bringing people downtown. The city could one day become the location for a casino, and a smoking ban could hinder those efforts, he said.

“Understand what we’re doing here is restricting people’s ability to make a choice to go to the establishments to hang out, listen to music, smoke a cigarette, smoke a cigar and so-on,” he said. “Understand that the decisions that you make today are going to impact the future, because Columbus is on the forefront.”

He said smoking restrictions in other cities have strained law enforcement agencies that have to enforce the laws.

Smoking currently is allowed at Columbus bars and restaurants where access is denied to customers and employees under the age of 18, according to state law. It’s also allowed in enclosed rooms at bars and restaurants where a separate air handling system exhausts the air directly outside by a fan of sufficient size.

Under the proposed “Smoke-free Air Ordinance,” smoking would be prohibited in all enclosed public places, including restaurants, except for:

• Businesses with segregated smoking sections that have air handling systems installed prior to January 1, 2017
• Businesses that generate more than 50 percent food sales of total retail sales and furnish single or multi-stemmed instruments for vaporizing and smoking flavored tobacco or material legal for sale in the State of Georgia, whether known as a hookah or similar device.

Smoking would be banned in retail stores, except for retail tobacco stores and retail stores that sell products for use in electronic smoking devices, but where no secondhand smoke infiltrates into areas where smoking is prohibited.

The ordinance also would ban smoking in all enclosed areas of places of employment without exception and outdoor places within 25 feet of entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Smoking also would be prohibited on all outdoor property adjacent to buildings owned, leased, or operated by or under the control of the city; also within 25 feet of outdoor seating or serving areas of restaurants and bars.

The ordinance refers to a 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, which concluded that secondhand smoke exposure causes disease and premature death in children and adults who do not smoke and have various ailments.

“Establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace,” the ordinance said, “because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke.”

Onjewel Smith, of the Americans for Nonsmokers Rights for the Southern United States, asked the council to go even further with the ordinance by eliminating the exemption for businesses with ventilation systems.

Before hearing from constituents, councilors said they had received calls from constituents concerned about the ordinance.

Councilor Judy Thomas, one of the sponsors of the ordinance, said she was concerned how the ordinance would affect the Crowne Hookah Restaurant and Lounge on Broadway, which doesn’t have an air ventilation system in place and would be costly. She said both Savannah and Athens have smoke-free ordinances, and in the Savannah ordinance hookah bars can continue as long as they use 100 percent tobacco-free products. She asked the city attorney to amend the ordinance to include that exception.

“Somebody asked me one time what is the hardest part about being a councilor, and this is it, making these kinds of decisions that impact your business, and your business, and your business,” she said, pointing to people in the audience. “I want to try to address that concern, but do I want to do it in a way that’s not going to cost a business over 200,000, 250,000 to put in a filtration system.”

Ahmed, who received a 90-day extension on his liquor license from the council last month, returned Tuesday to give his input. In answer to Thomas’ questions, he said it would be impossible to meet the ordinance requirements for a ventilation system and more than 50 percent food sales.

Councilor Skip Henderson said he didn’t want to negatively impact businesses. He joined Thomas in recommending that the city extend the first reading to a March 28 meeting for more public input.

“I’m in complete favor with this legislation,” he said. “I think it’s an awesome ordinance. I think it’s really going to do a lot to protect the health of the folks that live in this community. But, as Council Thomas said, I struggle with legislation that’s going to impact people’s livelihoods as well. And that’s a delicate balancing act.”

Garrett said there were some good things in the ordinance, but he’s not in favor of shutting down businesses.

“We’re not York City. We’re Columbus, Ga., and I don’t if I’m never going to be in favor of us becoming what people call an anti-state. There’s some reasonable regulation that we can do, but if we’re going to put some folks out of business, particularly when this is retroactive.”

“Next thing you know, in New York City they were regulating sodas, because they cause diabetes,” he said. “People have a choice.”

Woodson said it was her understanding that the ordinance wouldn’t affect outside smoking. When Fay explained that it would, Woodson said she didn’t agree with that part of the ordinance.

Mayor Pro-Tem Evelyn Turner-Pugh said some people with allergies are affected by second-hand smoke, and that’s something to be considered.

In the end, councilors extended the first reading to March 28.

This story was originally published March 16, 2017 at 7:03 PM with the headline "Columbus businesses, health advocates fired-up over proposed smoking ban."